Notes Geographical and Historical, Relating to the Town of Brooklyn in Kings County on Long-IslandFurman, Gabriel
History
Notes Geographical and Historical, Relating to the Town of Brooklyn in Kings County on Long-Island
Furman, Gabriel
Brooklyn (New York, N.Y.) -- History
The difference between this town and the city of New-York relative to
the water rights of the former, has deservedly excited the attention and
interest of our inhabitants, as involving property to a great amount,
and unjustly withholding from our town a revenue which would enable it
to improve with almost unparalleled rapidity. In order that each person
so interested may form a correct opinion of the subject matter in
dispute, the Compiler has thought proper, under this head, to lay before
them the foundations of the claims on both sides of the question.
October 18, 1667. In the reign of Charles 2d. Richard Nicolls, Esq.
Governor General of the Province of New-York, under his Royal Highness
James, the Duke of York, &c. afterwards James 2d. of England, granted to
the inhabitants of this town a confirmatory patent, acknowledging that
they were rightfully, legally and by authority in possession of the
property and privileges they then enjoyed. The patent after naming the
patentees, and describing the bounds of the town, and binding by the
_River_ and not by high water mark, proceeds to say, “Together with all
_havens_, _harbors_, creeks, marshes, _waters_, _rivers_, lakes,
fisheries.” “Moreover, I do hereby give, ratify and confirm unto the
said patentees and their associates, their heirs, successors and
assigns, all the _rights_ and _privileges_ belonging to a town within
this government.” Under this patent the town of Brooklyn justly claims
the land between high and low water mark on their shore, in opposition
to the claims of the Corporation of the city of New-York; and an equal
right with them to erect ferries between the town of Brooklyn and the
city of New-York.
It does not appear that there was any adverse claim on the part of
New-York, until the 27th of April, 1686, _nineteen years_ after the date
of the Brooklyn patent, when the Corporation of New-York obtained a
charter from Governor Dongan, by which the ferries were granted to them,
but not a word mentioned about the land between high and low water mark
on the Brooklyn side. From the reading of this charter it appears as if
the Governor was doubtful as to his right even to grant the ferry, for
it contains an express saving of all the rights of all other persons,
bodies politic and corporate, their heirs, successors and assigns, in as
ample a manner, as if that charter had not been made.
May 13, 1686. The freeholders and inhabitants of Brooklyn somewhat
apprehensive of encroachments by New-York, obtained from Governor
Dongan, a patent under the seal of the Colony, fully confirming that
granted them by Governor Nicolls.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account